Category: court ruling

How Closely a Court is Willing to Look at Your Claim May Determine its Patent Eligibility

Monday | March 14, 2016By James Watsoncourt ruling, patent claim, patent eligibility

The Court of Appeals for the Federal Circuit upheld the rejection of a patent applicant’s claims in In re Smith, No. 2015-1664, 2016 U.S. App. LEXIS 4431 (Fed. Cir. Mar. 10, 2016). The applicant had appealed an examiner’s rejection, and…

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How Closely a Court is Willing to Look at Your Claim May Determine its Patent Eligibility

Monday | March 14, 2016By Shane Skwarekcourt ruling, patent claim, patent eligibility

The Court of Appeals for the Federal Circuit upheld the rejection of a patent applicant’s claims in In re Smith, No. 2015-1664, 2016 U.S. App. LEXIS 4431 (Fed. Cir. Mar. 10, 2016). The applicant had appealed an examiner’s rejection, and…

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What Exactly is Abstract and When Does a Claim Present “Something More?”

Monday | February 29, 2016By James Watsoncourt ruling, patent attorney, patent claim, patent eligibility

On February 23, 2016, the Patent Trial and Appeal Board of the U.S. Patent Office issued a routine (i.e., nonprecedential) decision in Ex parte Beier et al., No. 2013-006251, 2016 Pat. App. LEXIS 533 (P.T.A.B. Feb. 23, 2016). The claims…

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What Exactly is Abstract and When Does a Claim Present “Something More?”

Monday | February 29, 2016By Shane Skwarekcourt ruling, patent attorney, patent claim, patent eligibility

On February 23, 2016, the Patent Trial and Appeal Board of the U.S. Patent Office issued a routine (i.e., nonprecedential) decision in Ex parte Beier et al., No. 2013-006251, 2016 Pat. App. LEXIS 533 (P.T.A.B. Feb. 23, 2016). The claims…

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Patent Trial and Appeal Board Newly Designates Decisions as Precedential

Tuesday | January 26, 2016By James Watsoncourt ruling, patent eligibility

The Patent Trial and Appeal Board of the U.S. Patent Office has newly designated its opinion in LG Elecs., Inc. v. Mondis Tech. LTD., No. IPR2015-00937, 2015 Pat. App. LEXIS 10261 (P.T.A.B. Sept. 15, 2015) as precedential. Mondis had asserted…

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Subject-Matter Eligibility May Depend on Decision-Maker’s Willingness to Consider Details

Friday | December 4, 2015By Shane Skwarekcourt ruling, patent eligibility, patent infringement, subject-matter eligibility

On November 10, 2015, the Central District of California denied a motion for summary judgment in the patent infringement suit underlying Timeplay, Inc. v. Audience Entertainment LLC, Case No. CV 15-05202. The patent’s claims are directed generally to a multiplayer…

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